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  1. #1

    Default Divorce Attorney Filed Reduction of Support Too Late

    My question involves divorce attorney malpractice in the state of: California

    I'm have a problem with a former divorce attorney, which I had 2 years ago that filed a motion to reduce support 75 days (!!!) too late. Needless to say, I fired him over this. I have done this filing myself, and it takes a maximum of 2 days to get this done, very trivial indeed.
    I'm now wondering what I can do to recuperate the 4400 dollars that this error on his side cost me in extra support payments that I had to do due to the error.

    I have been in negotiation with him, but these have stalled so far, hints that I might sue have not improved negotiations. Now I need to sue to get this moving and am considering a small claims suit.
    I do have all the evidence, all the communication, the endless delays on his side in writing, I could already see back then that it is best to do a lot of things in writing, so that you can actually prove what happened when.

    Now I have a problem for the statute of limitations. The one for malpractice has expired already (one year), and I don’t know if there is any way that I can still recuperate my damages. He pointed out that we could (or must) do fee arbitration, but I don’t want to do that, as it seems tilt the playing field for his advantage. I don’t have a clause in the contract that binds me to do fee arbitration, so I don’t think I have to. Also, I don’t think this is a fee dispute, as he just plain simple screwed up and violated the standard of care that can be expected by a professional attorney.

    I’m a very reasonable person and am just looking to minimize my damages, I’m not out to purposefully damage this attorney or hound him.

    What options do I have at this point? Is arbitration maybe something that might work? Is doing a complaint at the bar association useful? What is the statute of limitations on doing a small claims?
    I figure that I might only have to file the small claims, that he will be willing to negotiate again, because the small claims will cost him a lot of time.

  2. #2
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    Default Re: Divorce Attorney Filed Reduction of Support Too Late

    The one year limitations period applies in all courts.

  3. #3

    Default Re: Divorce Attorney Filed Reduction of Support Too Late

    Yes, I understand that it is the same no matter WHERE you file, but different issues (malpractice, breach of contract etc.) do have different statutes of limitation periods. Hmm, is this a really hard issue or is it hopeless (do to people reading, but nobody posting an answer)? I'm a newbie so I don't know.

  4. #4
    Join Date
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    Default Re: Divorce Attorney Filed Reduction of Support Too Late

    You can't call a malpractice action something else to try to get around the limitations period. It is what it is.

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